HomeMy WebLinkAboutLiebert Cassidy Whitmore; 2011-07-01;AGREEMENT FOR SPECIAL SERVICES
This Agreement is entered into between the law firm of LIEBERT CASSIDY
WHITMORE, A Professional Corporation ("Attorney"), and the CITY OF CARLSBAD,
A Municipal Corporation ("City").
1. Conditions
This Agreement will not take effect, and Attorney will have no obligation to
provide services, until City returns a properly signed and executed copy of this
Agreement.
2. Attorney's Services
Attorney agrees to provide City with consulting, representational and legal
services pertaining to employment relations matters, including representation in
negotiations and in administrative and court proceedings, as requested by City or
otherwise required by law.
3. Fees, Costs, Expenses
City agrees to pay Attorney the sums billed monthly for time spent by Attorney in
providing the services, including reasonable travel time.
The range of hourly rates for Attorney time is from One Hundred Eighty to Three
Hundred Twenty Dollars ($180.00 - $320.00), and from One Hundred Five to One
Hundred Forty Dollars ($105.00 - $140.00) for time of paraprofessiohal staff Attorney
reviews its hourly rates on an annual basis and, if appropriate, adjusts them effective July
1. Attorneys and paraprofessional staff bill their time in minimum units of one-tenth of
an hour. Communications advice (telephone, voice-mail, e-mail) is billed in a minimum
increment of three-tenths (.30) of an hour.
503505.1 CA178-001 1
City agrees to reimburse Attorney for necessary costs and expenses incurred by
Attorney on behalf of City. Attorney bills photocopying charges at Fifteen Cents ($.15)
per page and facsimile charges at Fifty Cents ($0.50) per page. A Public Agency Fee
Schedule is attached to this Agreement.
Payment by City against monthly billings is due upon receipt of statements, and is
considered delinquent if payment is not received within thirty (30) days of the date of the
invoice.
The California Business & Professions Code requires us to inform you whether
we maintain errors and omissions insurance coverage applicable to the services to be
rendered to you. We hereby confirm that the firm does maintain such insurance
coverage.
4. Arbitration of Professional Liability or Other Claims
Disputes. If a dispute between City and Attorney arises over fees charged for
services, the controversy will be submitted to binding arbitration in accordance with the
rules of the California State Bar Fee Arbitration Program, set forth in California Business
and Professions Code, sections 6200 through 6206. The arbitrator or arbitration panel
shall have the authority to award to the prevailing party attorneys' fees, costs and interest
incurred. Any arbitration award may be served by mail upon either side and personal
service shall not be required.
If a dispute arises between City and Attorney over any other aspect of the
attorney-client relationship, including, without limitation, a claim for breach of
professional duty, that dispute will also be resolved by arbitration. It is understood that
any dispute as to any alleged breach of professional duty (that is, as to whether any legal
503505.1 CA178-001
services rendered under this agreement were allegedly unnecessary, unauthorized,
omitted entirely, or were improperly, negligently or incompetently rendered) will be
determined by submission to arbitration as provided by California law, and not by a
lawsmt or resort to court process except as California law provides for judicial review of
arbitration proceedings. Both parties to this agreement, by entering into it, are giving
up their constitutional right to have any such dispute decided in a court of law
before a jury, and instead are accepting the use of arbitration. Each party is to bear
its own attorney's fees and costs.
5. File Retention
After our services conclude. Attorney will, upon City's request, deliver the file for
the matter to City, along with any funds or property of City's in our possession. If City
requests the file for the matter. Attorney will retain a copy of the file at the City's
expense. If City does not request the file for this matter, we will retain it for a period of
seven (7) years after this matter is closed. If City does not request delivery of the file for
this matter before the end of the seven (7) year period, we will have no further obligation
to retain the file and may, at our discretion, destroy it without further notice to City. At
any point during the seven (7) year period. City may request delivery of the file.
6. Assignment
This Agreement is not assignable without the written consent of City.
7. Independent Contractor
It is understood and agreed that Attorney, while engaged in performing the terms
of this Agreement, is an independent contractor and not an employee of City.
503505.1 CA178-001
8. Authority
The signators to this Agreement represent that they hold the positions set forth
below their signatures, and that they are authorized to execute this Agreement on behalf
of their respective parties and to bind their respective parties hereto.
9. Term
This Agreement is effective July 1, 2011, ongoing and may be modified by
mutual agreement of the parties. This agreement shall be terminable by either party upon
thirty (30) days written notice.
10. Conflict with Legal Services Protocol
To the extent that any provisions of this Agreement conlict with the City's Legal
Services Protocol dated 2/1/2010, the Legal Services Protocol control.
LIEBERT CASSIDY WHITMORE, CITY OF CARLSBAD,
A Professional Corporation A Municipal Corporation
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503505.1 CA178-001
I. PUBLIC AGENCY FEE SCHEDULE
Hourly Rates (As of Contract Date)
Partners $300.00 - $320.00
Of Counsel $265.00 - $290.00
Associates $180.00 - $260.00
Paraprofessionals $105.00 - $140.00
II. COST SCHEDULE
1. Photocopies $0.15 per copy
2. Facsimile Transmittal $0.50 per page
503505.1 CA178-001
AGREEMENT FOR SPECIAL SERVICES
This Agreement is entered into between the CITY OF CARLSBAD, A Municipal Corporation
hereinafter referred to as "City," and the law firm of LIEBERT CASSIDY WHITMORE, A Professional
Corporation, hereinafter referred to as "Attomey."
WHEREAS City has the need to secure expert training and consulting services to assist City in its
relations and negotiations with its employee organizations; and
WHEREAS City has determined that no less than twenty six (26) public agencies in the San Diego
area have the same need and have agreed to enter into identical agreements with Attomey; and
WHEREAS Attomey is specially experienced and qualified to perform the special services desired by
the City and is. willing to perform, such sen/ices;
NOW, THEREFORE, City and Attomey agree as follows:
Attorney's Services:
During the year beginning July 1, 2011, Attorney will provide the following services to City (and the
other aforesaid public agencies):
1. Five (5) days of group training workshops covering such employment relations subjects as
management rights and obligations, negotiation strategies, employment discrimination and
affirmative action, employment relations from the perspective of elected officials, performance
evaluation (administering evaluations), grievance and discipline administration for supervisors and
managers, planning for and responding to concerted job actions, current court, administrative and
legislative developments in personnel administration and employment relations, etc., with the specific
subjects covered and lengths of individual workshop presentations to be determined by City and the
other said local agencies.
It is expressly understood that the material used during these presentations, including written
handouts and projected power points are provided solely for the contracted workshops. This
agreement v/arrants there y/ill be no future use . of Liebert Cassidy Whitmore material in other
trainings or formats without the expressed written permission of Liebert Cassidy Whitmore. Any
such use will constitute a violation of this agreement and copyright provisions.
2. Availability of Attorney for City to consult by telephone.
3. Providing of a monthly newsletter covering employment relations developments.
Fee:
Fees will be paid by the City and County Personnel Association. Said fee will cover Attomey's time
in providing said training and consultative services and the development and printing of written materials
provided to attendees at the training programs.
Additional Services:
Should any additional legal services be requested by the City, they will be provided under the
Agreement for Special Services between the City and Attomey, dated July 1, 2011.
Independent Contractor:
It is understood and agreed that Attomey is and shall remain an independent contractor under this
Agreement.
Term:
The term of this Agreement is twelve (12) months commencing July 1, 2011. The term may be
extended for additional periods of time by the v/ritten consent of the parties.
Dated: 44u
Dated
LIEBERT CASSIDY WHITMORE
A Professional Corporation
CITf OF CARLSBAD
A Municipal Corporation